V PUSPANJALI RAJU Vs. STATE OF ORISSA

JUDGEMENT

(1.) WHEN Misc. Case No. 13627 of 2001 was listed for further orders, and Misc. Case Nos. 15082 and 15510 of 2001 were listed for vacation of stay, with consent of learned counsel for parties the main writ petition was taken up for final hearing and the same is disposed of by this judgment.

(2.) THE petitioner was elected as the Chairperson of Notified Area Council, Digapahandi in the district of Ganjam. She assumed the office of Chairperson on 19.7.1997. The Council consists of 11 members. On 27.7.2001, 8 of the councillors forwarded a no confidence motion against the Chairperson, the present petitioner, to the District Magistrate. The District Magistrate issued notice of the meeting to be held for considering the no confidence motion under Section 54 of the Orissa Municipal Act, 1950 (hereinafter referred to as the 'Act'). The said notice was issued on 1.8.2001 and the meeting was held on 6.8.2001 in which the petitioner also participated. The no confidence motion against the petitioner was passed by 8 of the councillors voting for it. Thereafter a fresh election to the office of Chairperson was notified by the State Election Commission, Orissa on 21.9.2001. The petitioner contested the election again as a candidate to the office of Chairperson. At this juncture she filed the present writ petition on 19.9.2001 before this Court praying for issue of a writ of certiorari quashing the notice for convening the meeting on 6.8.2001 for the purpose of passing the resolution for recording no confidence against the petitioner and for declaring the same to be without jurisdiction.

(3.) IT is contended on behalf of the petitioner that Section 54 (2) (a) of the Act was not strictly complied with and further that there was no compliance with Section 54 (2)(c) since it was not the District Magistrate who issued the notice fixing the date of meeting for considering the no confidence motion.